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H0439................................by JUDICIARY, RULES AND ADMINISTRATION
DETENTION OFFICERS - Amends existing law to provide that the county sheriff
can designate detention officers to act as peace officers in certain
circumstances.
01/26 House intro - 1st rdg - to printing
01/27 Rpt prt - to Jud
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/10 3rd rdg - PASSED - 68-0-2
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stoicheff, Stone,
Taylor, Tilman, Trail(Miller), Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Moss, Stevenson
Floor Sponsor - Boe
Title apvd - to Senate
02/11 Senate intro - 1st rdg - to Jud
02/28 Rpt out - rec d/p - to 2nd rdg
02/29 2nd rdg - to 3rd rdg
03/24 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Ingram
Title apvd - to House
03/27 To enrol
03/28 Rpt enrol - Sp signed
03/29 Pres signed
03/30 To Governor
04/03 Governor signed
Session Law Chapter 145
Effective: 07/01/00
H0439
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 439
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO AUTHORITY TO DESIGNATE DETENTION OFFICERS AS PEACE OFFICERS;
3 AMENDING CHAPTER 6, TITLE 20, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
4 20-603, IDAHO CODE, TO PROVIDE THAT THE COUNTY SHERIFF CAN DESIGNATE
5 DETENTION OFFICERS TO ACT AS PEACE OFFICERS IN CERTAIN CIRCUMSTANCES; AND
6 PROVIDING AN EFFECTIVE DATE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 6, Title 20, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 20-603, Idaho Code, and to read as follows:
11 20-603. AUTHORITY TO DESIGNATE DETENTION OFFICERS TO ACT AS PEACE OFFI-
12 CERS. All detention officers employed by the county sheriff who receive peace
13 officer certification from the Idaho peace officer standards and training
14 council shall have the authority given by statute to peace officers of the
15 state of Idaho. The county sheriff shall have the authority to designate
16 detention officers to act as peace officers when engaged in transportation of
17 prisoners or apprehension and arrest of prisoners who have escaped, or appre-
18 hension and arrest of persons who are suspected of having violated the terms
19 and conditions of their probation, or arrest of a person pursuant to court
20 order or arrest warrant.
21 SECTION 2. This act shall be in full force and effect on and after July
22 1, 2000.
STATEMENT OF PURPOSE
RS09475
County detention officers routinely engage in the transportation
of prisoners, routinely supervise prisoners who are on probation,
and routinely receive court orders to arrest prisoners in their
custody. The purpose of this bill is to provide for flexibility
for the county sheriff to designate detention officers 'to act as
peace officers in limited circumstances when transporting prisoners
or apprehending prisoners who have escaped, or when engaged in the
arrest of persons pursuant to court order, or persons who violate
probation. Currently the Department of Corrections has the authority
to designate their detention officers as peace officers in limited
circumstances under Sections 20-209C and 19-510A, Idaho Code. This
change will provide the county jail detention officer with a similar
limited peace officer status only to be used as authorized by the
county sheriff in limited circumstances. The county detention officer
is certified as a detention deputy through the Peace OfficerStandards
and Training (POST) Council and the county sheriff shall provide
additional training necessary to a detention officer prior to the
use of such limited peace officer status.
FISCAL IMPACT
No impact on the state general fund. Since additional training is done
locally there will be a minimal impact on POST and some savings to the
county in emergency situations.
CONTACT: Idaho Sheriff's Association, Michael J. Kane
Phone: 342-4545
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H 439